상속분가액지급청구권의 몇 가지 문제

• 영문명: Some Issues concerning Claim for Payment of the Amount Equivalent to One s Share of Inheritance
• 발행기관: 한국가족법학회
• 저자명: 박근웅(Park, Keun-Woong)
• 간행물 정보: 『가족법연구』家族法硏究 第34卷 3號, 1~24쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2020.11.30

영문 초록

This study focused on two issues about article 1014 of the Korean Civil Code(KCD). First issue is whether KCD article 1014 applies even if the mother who is an inheritee has children out of wedlock. About this point, the Korean Supreme Court recently denied the application of KCD article 1014. However, it is difficult to agree. It does not matter whether the affiliation or trial has retroactive effect or due effect. Children out of wedlock should not be treated differently depending on whether it is a father-child relationship or mother-child relationship. It is also difficult to accept that the interests of third parties are treated differently. KCD article 1014 is simply based on the fact that confirmation as an heir was behind in time. On the other hand, regarding the legal nature of KCD Article 1014, precedents have been viewed as a kind of right to claim for recovery of inheritance. However, this is also not valid. KCD article 1014 is not directly related to transaction stability. It is reasonable to treat KCD article 1014 as a claim for division of inherited property.

목차

Ⅰ. 들어가며

Ⅱ. 생모의 혼인 외 자녀의 상속분가액 지급청구권

Ⅲ. 상속분가액지급청구권의 법적 성질

Ⅳ. 나가며

키워드

상속분가액지급청구권 인지의 소급효 상속재산분할 상속회복청구권 공동상속인 Claim for Payment of the Amount Equivalent to One s Share of Inheritance Retrospective Effect of Affiliation inherited Property Division Claim for Recovery of Inheritance Coheir